HKSAR v. LEE WAI KIN

HCCC 399/2016

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 399 OF 2016

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Transcript of the Audio Recording
of the Sentence in the above Case

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COURT:

Defendant, on 9 September 2016, that is this year, you had pleaded guilty before the magistrate to a charge of trafficking in a dangerous drug, contrary to section 4(1)(a) and (3) of the Dangerous Drugs Ordinance. You had also admitted the Summary of Facts. As a result of your plea of guilty, you have been committed here, to the Court of First Instance, to be sentenced.

As regard to the facts, on 6 April 2016, police officers who were conducting anti-narcotics patrol, observed you acting furtively whilst you were seated on a bench on the Ground Floor of Un Lok House, Un Chau Estate, Sham Shui Po, at about 10.25 pm. You were then intercepted and a search was conducted.

Following the search, two resealable transparent plastic bags containing drugs were found inside your left front pocket of your trousers. After a further search of your rucksack, a further 38 resealable transparent plastic bags were found which contained the dangerous drug. In total, there were 40 transparent plastic bags containing dangerous drug. Also found in your rucksack was one electronic scale, a bundle of empty transparent resealable plastic bags and a marker pen.

When you were arrested and cautioned, you said that you were helping someone to deliver drugs and that you yourself did not consume ‘Ice’. You asked for a chance.

The estimated street value of the drugs was $161,590.

Defendant, you are 24 years of age and I believe you will be turning 25 in about two days’ time. You have one previous conviction that is unrelated and it was committed more than eight years ago. At that time, as a result of you breaching the probation order, you were sentenced to the detention centre. You have, since that date, remained out of trouble.

You have been educated up to Form 2. At the time of the commission of the offence, you worked as a garage technician earning $12,000 a month.

Your counsel, Ms Maria So, and a letter from your father, have highlighted me in respect of your background and upbringing. In brief, your parents divorced when you were 3 years old. You were then cared for primarily by your grandmother whilst your father went out to work to support yourself and your three other siblings. Throughout your life, unfortunately, you have not had strict supervision or discipline and your relationship with your siblings has not been so harmonious.

Your primary carer, who was your grandmother, passed away when you were 12 years old, and soon after that you committed the previous offence. As a result, once you finished your time at the detention centre, you did not return to school but began employment.

I cannot say it better than Ms So, is that due to your poor judgment and undesirable peers, you were led to commit this offence. I am informed that at the time of this offence, you were living with your brother, but as your relationship was very strained, you had wanted to move out of the flat but as you were not earning enough, you committed this offence purely for monetary reward.

It is correct that your strongest mitigating factor is your plea of guilty, and Ms So has properly referred me to the leading sentence guideline case laid down by the Court of Appeal in respect of trafficking in the drug ‘Ice’. That case is the case of Tam Yi Chun, whereby, for amounts of trafficking between 300 and 600 grammes, a starting point of between 15 and 20 years’ imprisonment is appropriate, after trial.

Defendant, you trafficked in 514.9 grammes of ‘Ice’. Taking into account the guidelines, had you been sentenced after trial, I would have taken a starting point of 18 years and 6 months’ imprisonment.

You pleaded guilty at the first opportunity, that is at the committal stage, and you have maintained your plea thereafter, and although this case has been committed to the High Court after the Court of Appeal judgment in CACC 418/2014 and CACC 327/2015, you are still entitled to the full one-third discount.

In the circumstances, your sentence shall be reduced by one-third, and you shall serve a term of 12 years and 4 months’ imprisonment.